The  Convention 
of  1835 


Henry  Groves  Connor 


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The  Convention 

of 

1835 


By 
HENRY  GROVES  CONNOR 

One  of  the  Associate  Justices  of  the  Supreme  Court 
of  North  Carolina 


Reprinted  from  the  North  Carolina  Booklet 
for  October,  1908 


RALEIGH : 

EDWARDS  &  BROTJGHTON  PRINTING  COMPANY 
1908 


Digitized  by  the  Internet  Archive 

in  2012  with  funding  from 

University  of  North  Carolina  at  Chapel  Hill 


http://archive.org/details/conventionof183500conn 


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The  Convention  of  1835 


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The  Convention  which  met  in  Raleigh,  Jnne  4,  1835,  was 
one  of  the  "Great  Events  in  the  History  of  North  Carolina." 
It  was  the  result  of  a  long,  sectional  controversy  which  had     | 
divided  the  people  of  the  State  for  more  than  fifty  years, 
growing  out  of  the  Constitution  of  1776. 

At  the  Provincial  Congress  of  April,  1776,  the  question  of 
forming  a  Constitution  was  considered  and  a  committee  was 
appointed  to  draft  one,  but  the  delegates  could  not  agree  on  a 
plan  and  the  matter  was  postponed  until  the  next  session. 
The  next  Congress  met,  at  Halifax,  in  November,  1776,  and 
the  delegates  to  it  were  elected  with  special  reference  to  the 
adoption  of  a  Constitution.  In  some  of  the  counties  full  in-  \ 
structions  were  drawn  up  and  given  by  the  people  to  their  ' 
delegates  in  respect  to  those  particular  points  on  which  they 
were  to  insist  in  the  formation  of  the  Constitution.  William 
Hooper,  a  delegate  to  the  Continental  Congress,  addressed  a 
letter  to  the  Convention  giving  his  opinion,  in  regard  to  the 
proposed  Constitution.  Among  other  things  he  strongly 
urged  that  the  Legislature  should  be  composed  of  two  branches, 
saying:  "A  single  branch  of  legislation  is  a  many-headed 
monster  which,  without  any  check,  must  soon  defeat  the  very 
purpose  for  which  it  was  created,  and  its  members  become  a 
tyranny,  dreadful  in  proportion  to  the  numbers  which  com- 
pose it."  At  the  opening  of  the  Congress,  November  12,  1776, 
a  committee,  composed  of  the  ablest  men  in  the  body,  was 
appointed  to  report  a  "Bill  of  Rights"  and  "Constitution  or 


4 


Form  of  Government."  When  this  report  came  in  it  was 
"debated,  amended,"  passed  its  several  readings  and  adopted 
on  its  third  reading.1  It  would  be  interesting  to  read  the  dis- 
cussions of  the  delegates,  some  of  whose  letters  and  other 
writings  have  been  preserved,  that  we  might  see  what  their 
views  were  in  regard  to  the  making  of  a  written  Constitution.2 
The  vote  by  which  the  report  of  the  committee,  with  the 
amendments  thereto,  was  adopted,  is  not  given  in  the  Journal 
of  the  Congress,  but  it  is  certain  that  there  were  wide  diver- 
gencies of  opinion  among  the  delegates  upon  the  most  im- 
portant phases  of  their  work.  While  in  its  general  provisions 
the  Constitution  is  a  model  in  style,  clearness  and  adaptability 
I  to  the  conditions  existing,  like  all  things  human,  it  was,  in 
some  respects,  imperfect.  It  is  probable,  however,  that  but 
few  changes  would  have  been  made  for  many  years,  but  for 
the  basis  upon  which  representation  in  the  Legislature  was 
fixed.  The  Constitution  as  adopted,  allowed  each  county 
one  senator  and  two  members  of  the  House  of  Commons. 
The  State  at  that  time  was  divided  into  thirty-five  counties, 
twenty-nine  of  which  were  east  of  the  present  capital.     Six 

/  borough  towns  were  permitted  to  send  one  representative  each 
to  the  House  of  Commons,  and  this  privilege  was  afterwards 
[1789]  extended  to  Fayetteville.  It  was  based  upon  the 
theory  that  by  reason  of  the  trade  and  commerce  in  which 

,  they  were  engaged  these  towns  had  interests  peculiar  to  them- 
selves which  entitled  them  to  representation.  The  qualifica- 
tions of  a  senator  differed  from  those  of  a  member  of  the 
House  of  Commons  only  in  regard  to  the  number  of  acres  of 
land  which  he  was  required  to  own.  Both  were  to  be  free- 
holders. An  elector  was  required  to  be  a  freeholder  in  order 
to  vote  for  a  senator,  while  to  be  a  freeman,  if  his  taxes  were 


Colonial  Records  of  North  Carolina,  X  974. 

2  Much  light  is   thrown   on  the   subject  in    McRee's   "The  Life  and 
Correspondence  of  James  Iredell". 


paid,  entitled  him  to  a  vote  for  a  commoner.  It  was  pro- 
vided that  the  Legislature  should  consist  of  two  branches,  but 
there  is  nothing  in  the  Constitution  suggesting  that  represen- 
ation  in  the  Senate  was  based  upon  wealth,  and  in  the  House 
of  Commons  upon  population.  It  is  probable  that  it  was 
deemed  wise,  in  the  conditions  then  existing,  to  make  only 
such  changes  as  were  necessary  to  organize  the  State  govern- 
ment. While  the  statesmen  of  that  time  were  laying  the 
foundations  of  States,  based  upon  the  sovereignty  of  the 
people  instead  of  the  Crown,  they  wisely  avoided  making 
radical  changes  in  matters  of  administration.  They  were 
State-builders  rather  than  scholastic  theorists  discussing  ab- 
stract "rights  of  man,"  and  were  not  seeking  to  cut  loose  from, 
but  rather  to  build  upon  the  experience  and  lessons  of  the 
past.  They  were  familiar  with  the  principles  of  English 
Constitutional  liberty  and  the  rights  secured  by  Magna  Carta, 
and  other  guarantees  of  liberty,  including  the  common  law. 
It  was  because  these  rights  and  liberties  guaranteed  in  their 
charter  had  been  denied  to  them,  that  they  separated  from 
the  Mother  Country.  The  "Bill  of  Eights"  and  "Form  of  Gov- 
ernment" were  not  adopted  hastily  or  without  consideration. 
So  soon  as  the  War  for  Independence  was  over  and  the 
State  began  to  increase  in  population,  friction  arose  between 
the  larger  counties  which  were  being  formed  in  the  central 
and  western  parts  of  the  State  and  the  smaller  counties  in  the 
east.  As  population  moved  westward  there  was  a  demand  for 
the  formation  of  new  counties  in  the  west  which  was  met  by 
a  counter  demand  for  a  corresponding  increase  in  the  east, 
without,  however,  there  being  any  such  increase  in  population. 
The  East,  upon  the  basis  of  county  representation,  held  con- 
trolling power  in  the  Legislature  and  refused  to  permit  any 
amendment  to  the  Constitution.  The  question,  originally 
one  of  political  power,  soon  became,  because  of  increased  in- 
terest in  improved  modes  of  transportation  and  other  internal 
2 


6 


improvements,  one  of  industrial  and  commercial  importance. 
The  East,  content  with  its  waterways,  slave  labor,  and  the 
produce  of  its  rich  soil,  cleared  into  large  plantations,  opposed 
State  aid  to  schemes  for  internal  improvements.  Judge  Mur- 
phey  originated  a  movement  for  improved  methods  of  trans- 
portation, "by  deepening  the  inlets  from  the  ocean,  opening 
the  rivers  for  navigation,  connecting  them  by  canals,  and  con- 
structing turnpikes  or  macadamized  roads,  so  as  to  concen- 
trate all  the  trade  at  two  or  three  points  within  the  limits  of 
the  State."  The  plans  of  this  wise,  far-seeing  statesman  and 
of  those  cooperating  with  him,  were  changed  and  given  a  new 
impulse  by  the  invention  and  introduction  of  the  locomotive 
engine  and  railroad  for  transportation  and  travel.  Other 
States  embarked  in  the  construction  of  canals,  and  the  build- 
ing of  railroads,  whereas  North  Carolina,  with  no  large  cities, 
no  canals  or  other  modes  of  transportation,  and  no  manufac- 
tories, made  but  little  progress  in  industry,  wealth  or  popu- 
lation. 

It  is  not  difficult  to  see  that  these  conditions  not  only  inten- 
sified the  complaints  of  the  West,  regarding  the  distribution 
of  power,  but  created  a  positive  antagonism  of  interest  be- 
tween the  two  sections.  For  many  years  the  East  success- 
fully resisted  every  demand  for  a  change  in  the  Constitution, 
or  compliance  with  the  demands  of  the  West  for  internal  im- 
provements, which  became  more  pronounced  each  year.  In 
1821  resolutions  were  introduced  in  the  House  of  Commons 
by  Charles  Fisher,  of  Salisbury,  declaring  "that  the  represen- 
tation of  the  people  of  this  State,  in  both  branches  of  the 
Legislature,  under  the  Constitution,  was  greatly  unequal,  un- 
just and  anti-republican ;  that  the  Constitution  ought  to  be 
so  amended  that  each  citizen  should  have  an  equal  share  in  the 
right  of  representation  upon  the  principle  of  free  white  popu- 
lation ;  that  a  Convention,  therefore,  should  be  called  to  amend 
the   Constitution."      The   debate  on  the   resolutions  clearly 


marked  the  line  of  division.  It  was  ably  conducted  and  at 
times  aroused  much  bitterness  of  feeling.  The  western, 
members  showed  that  thirty-three  counties,  containing  one- 
third  of  the  free  white  population,  sent  ninety-nine  members, 
being  a  majority  in  each  branch  of  the  General  Assembly; 
thus  one-third  of  the  white  population  controlled  the  law- 
making department,  and,  as  the  Constitution  then  provided, 
elected  the  Governor  and  other  executive  and  the  judicial 
officers.  If  the  representation  had  been  based  upon  popula- 
tion Rowan  County  would  have  been  entitled  to  send  nine, 
and  Orange  seven  members,  whereas  they  sent  only  six,  two 
senators  and  four  representatives.  Six  eastern  counties,  with 
about  the  same  population,  sent  eighteen  members.  Twelve 
eastern  counties,  with  a  population  of  38,037,  sent  as  many 
members  as  the  same  number  of  western  counties,  containing 
156,726.  The  State,  at  that  time,  contained  sixty-two  coun- 
ties.3 The  resolutions  were  defeated  in  the  House  by  a  vote 
of  81  to  47,  while  in  the  Senate  they  were  rejected,  without 
discussion,  by  36  to  23.  Meetings  were  held  by  the  western 
people,  "addresses"  were  sent  out,  and  continued  agitation 
kept  up  for  a  Convention.  At  the  session  of  1831  resolu- 
tions were  introduced  by  Mr.  Whitaker,  of  Macon,  calling  a 
Convention  for  the  purpose  of  amending  the  Constitution, 
and  after  a  full  discussion  were  defeated  by  a  vote  of  69  to 
56.  It  is  not  difficult  to  see  that,  in  a  government  based  upon 
the  consent  of  the  people,  discord  and  dissension  would  con- 
tinue until  some  change  was  made.  The  State  government 
was  developing  into  an  aristocracy  based  upon  county  repre- 
sentation without  regard  to  the  right  of  the  majority  of  the 
people  to  make  the  laws  under  which  they  lived. 

In  1831  the  State  Capitol  was  burned.  The  question  of 
rebuilding  was  complicated  by  a  movement  to  make  Fayette- 
ville  the  capital.     Of  course  the  old  controversy  in  regard  to 

3  Debates  of  1821. 


8 


amending  the  Constitution  came  to  the  front  and  entered  into 
the  discussion.  The  people  of  the  State  were  divided  in  sen- 
timent, mainly  along  sectional  lines,  involving  sectional  feel- 
ings and  interests.  The  divisions,  and  their  combinations 
are  thus  set  forth  in  a  letter  from  a  member  of  the  General 
Assembly : 

''We  are  distracted — rent  asunder,  by  factions,  and  the  re- 
sult of  the  legislative  discussions  and  dissensions  will  be  (I 
fear)  that  we  shall  separate  in  anger,  after  having  proved 
most  unprofitable  servants.  There  are  five  parties  here.  The 
largest — but  it  does  not  quite  constitute  a  majority — is  for 
rebuilding  the  capitol  and  is  opposed  to  a  Convention  in  every 
form.  This  may  be  termed  the  Eastern  party.  The  next,  in 
point  of  magnitude,  is  the  Western  party — they  want  a  recon- 
struction of  our  Constitution  with  respect  to  political  power 
and  want  no  more,  but  will  either  keep  the  govermnent  at 
Raleigh  or  remove  it  to  Fayetteville,  as  the  one  or  the  other 
will  favor  their  great  end.  The  third,  in  point  of  size,  is  the 
Fayetteville  party ;  their  main  object  is  removal — but  they 
are  willing,  also,  to  go  for  a  general  Convention.  The  two 
others  are  of  about  the  same  magnitude — the  Northwestern 
and  Southwestern  parties.  The  former  want  a  modification 
of  the  Constitution,  but  are  utterly  opposed  to  a  removal,  and 
the  latter  want  a  removal,  but  resist  alterations  of  the  Consti- 
tution.'' 

The  outcome  of  this  somewhat  complicated  condition  was 
the  rebuilding  of  the  capitol  at  Raleigh,  followed  at  the  ses- 
sion of  1834,  after  an  unsuccessful  effort  to  make  amend- 
ments to  the  Constitution  by  submitting  them  directly  to  the 
people,  by  the  passage  of  an  act  submitting  to  the  people  the 
question  of  calling  a  Convention. 

The  act  provided  that,  if  a  majority  of  the  votes  cast  were 
for  "Convention,"  elections  were  to  be  held  in  the  several 
counties  for  the  election  of  delegates,  each  county  sending 


9 

two.  The  act  further  provided  that  only  such  amendments  ( 
as  were  named  therein  should  be  submitted.  The  Convention 
was  directed  to  form  and  submit  an  amendment  providing 
for  the  election  of  not  less  than  thirty-four,  nor  more  than 
fifty  senators,  to  be  elected  by  districts,  which  were  to  be 
established  on  the  basis  of  the  amount  of  taxes  paid  into  the 
public  treasury ;  and  not  less  than  ninety  nor  more  than  one 
hundred  and  twenty  members  of  the  House  of  Commons  dis- 
tributed among  the  counties  on  the  basis  of  the  "Federal 
population,"  i.  e.,  of  all  free  men  and  three-fifths  "of  all  other 
persons,"  excluding  Indians,  not  taxed.  Each  county,  how- 
ever, was  to  have  at  least  one  member.  This  basis  of  repre- 
sentation was  adopted  by  the  General  Assembly  as  a  com- 
promise. At  that  time  the  State  contained  sixty-five  coun- 
ties and  seven  borough  towns,  making  the  total  number  of 
senators  and  members  of  the  House  two  hundred  and  two. 
,The  Assembly  met  annually.  Other  amendments,  in  the  dis- 
cretion of  the  Convention,  might  be  submitted.  The  most 
important  of  these  were :  whether  borough  representation 
should  be  abolished,  or  restricted ;  whether  the  right  of  free 
negroes  to  vote  should  be  abolished  or  restricted ;  whether  the 
Governor  should  be  elected  by  the  people  and  for  what  term ; 
whether  there  should  be  biennial  sessions  of  the  General  As- 
sembly ;  whether  the  capitation  tax  on  free  whites  and  slaves 
should  be  equal  throughout  the  State ;  whether  the  salaries  of 
Judges  should  be  decreased  during  the  temi  for  which 'they 
had  been  ejected,  and  whether  they  should  be  eligible  to  any 
other  position  while  retaining  their  judicial  office,  except  the 
Supreme  Court  Bench ;  whether,  in  the  election  of  officers, 
members  of  the  Legislature  should  vote  viva  voce;  and  finally,  I 
whether  the  32d  Article  should  be  amended.  Each  delegate  I 
was  required  to  take  an  oath,  prescribed  by  the  act,  to  observe  | 
these  limitations. 

The  proposition  to  call  a  Convention  was  approved  by  a 


10 

/  vote  of  about  27,000  out  of  49,224.  This,  according  to  Gover- 
nor David  L.  Swain,  was,  with  one  exception  (the  election  of 
1828),  the  largest  vote  cast  at  any  election  in  this  State.  He 
also  stated  that  he  did  not  think  that  the  population  of  the 
State  had  increased  between  1830  and  1835  so  much  as  three 
per  cent,  and  was  not  sure  that  it  had  increased  at  all.  As  a 
general  rule  the  counties  sent  as  delegates  their  ablest  and 

/  most  experienced  citizens.  Warren  sent  Nathaniel  Macon, 
who,  after  a  long  and  distinguished  service  in  both  branches 
of  the  National  Congress,  had  voluntarily  resigned  in  1828, 
and  retired  to  private  life.  His  associate  was  Weldon  N. 
Edwards.  From  Buncombe  came  Governor  Swain ;  from 
Burke,  Burgess  S.  Gaither  and  Samuel  P.  Carson ;  from  Cas- 
well, Calvin  Graves ;  from  Cumberland,  Judge  John  D. 
Toomer;  from  Granville,  R.  B.  Gilliarh  and  Josiah  Crudup; 
from  Guilford,  John  M.  Morehead ;  from  Lincoln,  Bartlett 
Shipp;  from  Richmond,  Alfred  Dockery;  from  Rockingham, 
E.  T.  Broadnax;  from  Rowan,  Charles  Fisher;  from  Wake, 
Judge  Henry  Seawell ;  from  Wilkes,  James  Wellborn  and 

I  Edmund  Jones;  from  Craven,  Judge  William  Gaston  and 
Richard  D.  Spaight ;  from  Greene,  Jesse  Speight;  from  New 
Hanover,  Owen  Holmes ;  from  Washington,  Josiah  Collins ; 
from  Sampson,  W.  B.  Meares ;  from  Martin,  Asa  Biggs ; 
from  Edgecombe,  Louis  D.  Wilson ;  from  Halifax,  Governor 
John  Branch  and  Judge  Joseph  J.  Daniel ;  from  Perquimans, 
Jesse  Wilson ;  from  Pasquotank,  John  L.  Bailey ;  from  Chat- 
ham, LIugh  McQueen ;  from  Chowan,  J.  B.  Skinner ;  from 
Bertie,  David  Outlaw;  from  Hertford,  Kenneth  Rayner; 
from  Cartaret,  James  W.  Bryan;  from  Cabarrus,  Daniel  M. 
Barringer;  and  from  Lenoir,  Council  Wooten. 

These  citizens  had  won  at  that  time,  or  thereafter  won  dis- 

I  tinction  in  the  service  of  the  State  and  Nation.  They  and 
their  colleagues  constituted  a  strong,  patriotic  body  of  men, 
who  recognized  the  importance  of  the  work  to  which  they 


11 


were  appointed,  and  approached  it  with  a  determination  to 
remove  from  the  Constitution  the  source  of  discord  and  dis- 
sention.  Macon  was  unanimously  elected  President ;  E.  B. 
Freeman,  Principal  Clerk,  and  Messrs.  Gales  and  Son,  Print- 
ers. The  question  was  raised  regarding  the  power  of  the 
Legislature  to  impose  limitations  upon  the  delegates  repre- 
senting the  people,  or  to  prescribe  a  form  of  oath  to  be  taken 
by  them.  This  objection  was  disposed  of  by  the  pertinent 
suggestion  that  the  people  had,  by  adopting  the  act  as  their 
own,  themselves  prescribed  the  limits  within  which  the  dele- 
gates were  to  submit  amendments.  The  Convention  decided 
to  discuss  proposed  amendments  in  Committee  of  the  Whole 
before  final  adoption.  It  is  impracticable,  within  the  limits 
of  this  paper,  to  give  more  than  the  outlines  of  the  debates 
on  the  most  important  amendments. 

The  first  question  discussed  was  a  proposition  to  abolish 
borough  representation.  The  debate  took  a  wide  range  and 
gave  indications  of  the  views  of  the  delegates  upon  other  ques- 
tions which  were  to  engage  the  attention  of  the  Convention. 
Judge  Gaston  favored  retaining  the  right  of  the  borough 
towns  to  send  representatives,  and  gave  an  interesting  ac- 
count of  the  origin  of  the  right,  and  the  reasons  upon  which  it 
was  based.  Mr.  Smith,  of  Orange,  opposed  retaining  them, 
as  did  Mr.  Fisher  and  several  others  representing  counties 
which  contained  borough  towns.  A  number  of  delegates  took 
part  in  the  debate.  Governor  Swain,  although  from  the  ex- 
treme west,  from  which  there  were  no  such  representatives, 
noticed  that  the  votes  of  the  borough  members  had  joined 
with  the  West  in  calling  the  Convention.  He  said :  "The 
united  vote  of  the  borough  members  was  the  fiat  which  called 
this  Convention  into  existence,  and  their  constituents  were 
the  only  aggregate  portions  of  eastern  communities  that  sus- 
tained the  measure.  Are  they  to  be  immolated  upon  the 
Altar  of  their  own  patriotism  ?"     In  this   speech   Governor 


12 


Swain  outlined  the  policy  of  the  western  people.  Internal 
improvements,  education,  general  progress  in  the  develop- 
ment of  the  resources  of  the  State,  and  encouragement  to  im- 
migration were  the  purposes  of  this  strong,  patriotic  leader 
from  the  mountains.  His  speech  drew  fire  from  Mr.  Macon, 
and  the  lines  were  soon  drawn.  Mr.  Macon  said  that  he 
could  go  hand  in  hand  with  the  gentleman  from  Buncombe  as 
regarded  education,  but  he  differed  with  him  in  his  notions 
about  internal  improvements.  He  doubted  the  capacity  of 
North  Carolina  to  become  a  great  commercial  State,  but  they 
could  diffuse  the  blessings  of  education  and  become  a  vir- 
tuous if  not  a  great  people.  The  opponents  of  borough  rep- 
resentation were  in  the  majority,  and  passed  the  amendment 
abolishing  it.  As  the  principle  of  representation  based  upon 
population  was  to  be  engrafted  into  our  Constitution,  the  ac- 
tion of  the  Convention  was  logical  and  doubtless  wise.  To 
have  retained  it  would  have  been  a  source  of  dissension  out- 
weighing its  advantages.4 

The  Convention  next  discussed  the  proposition  to  deprive 
"free  persons  of  color"  of  the  privilege  of  voting.  Judge 
Daniel  favored  giving  to  each  of  them  the  right  to  vote  for 
members  of  the  House  of  Commons  provided  he  owned  a  free- 
hold estate  of  $250.  In  an  interesting  speech  he  traced  the 
origin  of  the  privilege  which  they  had  enjoyed,  which  he 
thought  was  useful  to  them  as  a  means  of  protection  and  a 
stimulant  to  good  behaviour,  because  it  gave  them  a  status 
which  appealed  to  their  pride  and  manhood.  He  did  not 
think  that  the  right  to  vote  was  secured  in  the  Bill  of  Rights, 
That  embraced  only  free  white  men.  He  had  observed  that 
they  uniformly  voted  for  men  to  represent  them  of  the  best 
character  and  talents.  Mr.  Macon  was  utterly  opposed  to 
any  free  person  of  color  having  the  right  to  vote.     He  did  not 


4  Nash:  "The  Borough  Towns  of  North  Carolina,"  in  the  north  Caro- 
lina BOOKLET.  Vol.   VI    No.  2. 


13 


think  they  ever  had  such  right  under  the  Constitution  of 
1776.  Mr.  Crudup,  a  man  of  great  wisdom  and  large  views, 
wished  to  see  these  people  raised  from  their  present  degra- 
dation, but  did  not  think  giving  them  the  right  of  suffrage 
would  do  so.  His  remarks  upon  this,  and  other  subjects 
before  the  Convention,  were  conservative  and  well  considered. 
Mr.  Gaston  did  not  think  it  wise  to  make  any  change  in  the 
Constitution  in  respect  to  these  "unfortunate  people."  If 
they- had  not  enjoyed  this  privilege  they  would  not  at  that 
time  aspire  to  it.  "The  hardship,"  he  said,  "lay  in  depriving 
them  of  what  they  had  been  in  the  enjoyment  of.  *  *  *  Let 
them  know  that  they  are  a  part  of  the  body  politic,  and  they 
will  feel  an  attachment  to  the  form  of  government  and  have 
a  fixed  interest  in  the  prosperity  of  the  community,  and  will 
exert  an  important  influence  over  the  slaves."  Mr.  Wilson, 
of  Perquimans,  did  not  believe  "free  blacks  qualified  to  vote." 
He  gave  expression  to  the  opinion  then  held  by  many  South- 
ern men.  He  said  that  he  had  heard  almost  everybody  say- 
ing that  slavery  was  a  great  evil.  He  believed  it  was  no  such 
thing,  but  thought  it  a  great  blessing  to  the  South.  Our  sys- 
tem of  agriculture  could  not  be  carried  on  in  the  Southern 
States  without  it.  The  Southern  people  might  as  well  at- 
tempt to  build  a  railroad  to  the  moon  as  to  cultivate  their 
swamp  lands  without  slaves.  It  is  interesting  to  note  that 
Mr.  Wilson  thought  there  were,  at  that  time,  about  five  hun- 
dred and  seventy-five  "free  persons  of  color"  voting  in  Hali- 
fax and  several  neighboring  counties.  He  feared  that  "if  we 
foster  and  raise  them  up  they  will  soon  become  a  majority 
and  we  shall  have  negro  justices,  negro  sheriffs,"  and  other 
negro  officials.  The  western  men  took  no  part  in  the  discus- 
sion, leaving  the  question  to  be  settled  by  the  eastern  dele- 
gates, and  the  amendment  depriving  negroes  of  the  privilege 
of  voting  was  adopted.  Branch,  Daniel,  Gaston,  Rayner, 
Toomer,  Holmes,  Seawell  from  the  East,  and  Swain,  Carson, 


14 


Morehead  with  others  from  the  West,  voted  in  the  negative. 
How  little  the  wisest  know  of  the  operations  of  the  industrial, 
political  and  social  forces,  and  what  disturbances  they  work 
in  the  "nice  adjustments"  of  human  governments. 

Having  disposed  of  these  "side  issues,"  the  Convention 
grappled  with  the  paramount  issue,  the  question  which  had 
disturbed  the  peace  and  retarded  the  growth  of  the  State  for 
more  than  a  generation.  The  proposition  submitted  to  the 
Convention  was  that  the  Senate  be  composed  of  fifty  mem- 
bers. This  was  easily  decided  in  the  affirmative  with  but 
little  debate. 

The  next  proposition,  that  the  House  of  Commons  be  com- 
posed of  one  hundred  and  twenty  members,  met  with  opposi- 
tion from  Mr.  Speight,  of  Greene,  who  saw  in  this  number  a 
majority  from  the  West  with  internal  improvements,  rail- 
roads, and  all  manner  of  evils  for  the  East.  He  was  of  the 
opinion  that  to  make  a  railroad  from  Beaufort  to  the  moun- 
tains would  be  incurring  an  expense  which  could  never  be 
repaid  by  the  intercourse  between  these  distant  portions  of 
the  country. 

Mr.  Wilson,  of  Perquimans,  also  opposed  any  change  in  the 
Constitution  which  wTould  give  power  to  the  West  to  impose 
upon  the  East  taxes  for  internal  improvements,  saying :  "But 
what  benefit  would  accrue  to  the  West  ?  Very  little ;  for  nine- 
tenths  of  their  lands  are  exhausted,  and  not  worth  cultivating, 
contrasted  with  hundreds  and  thousands  of  acres  annually 
brought  into  market  in  the  Southwestern  States.  None  com- 
plain so  much  of  the  want  of  a  market  as  those  who  have 
little  or  nothing  to  carry  to  it." 

Mr.  Macon  was  opposed  to  any  plan  of  internal  improve- 
ments in  which  the  government  was  to  take  any  part.  All 
improvements  of  this  kind,  he  said,  ought  to  be  the  work  of 
individuals  as  they  could  always  have  it  done  at  cheaper  rates 
than  the  government. 


15 


In  response  to  the  arguments  of  Governor  Swain,  Messrs. 
Fisher,  Wellborn,  Morehead,  Carson  and  others,  Mr.  Speight 
said  that  he  need  not  assure  the  committee  that  he  was  the 
friend  of  internal  improvements,  such  as  would  afford  a  facil- 
ity to  the  farmers  of  our  country  in  getting  to  market ;  but 
he  equally  deprecated  those  wild  and  visionary  schemes  on 
which  the  demagogue  always  mounts  to  power.  "The  gentle- 
men talk  about  a  railroad  from  the  seaboard  to  the  moun- 
tains. Why,  sir,  such  a  scheme  is  not  only  idle  and  visionary, 
but  perfectly  impossible."  To  convince  the  Convention  that 
he  favored  internal  improvements,  Mr.  Speight  assured  the 
delegates  that,  if  he  ever  had  the  honor  to  be  again  a  member 
of  the  Legislature  he  would  "bring  forward  a  plan,  and  the 
only  one  which  can  improve  our  condition,  viz :  a  railroad 
from  Beaufort  to  JSTew  Bern,  and  one  from  Fayetteville  to 
some  central  point  in  the  West," 

Judge  Gaston  discussed  the  question  in  all  its  aspects,  in  a 
spirit  of  moderation,  with  thoroughness  and  convincing  argu- 
ment. He  favored  the  number  of  senators  and  members 
agreed  upon  by  the  report  of  the  committees.  Among  other 
things  he  said,  "It  should  Be  borne  in  mind  that  governments 
are  formed  for  practical  purposes,  and  not  to  present  themes 
for  the  exercise  of  schoolmen  and  declaimers."  Conceding 
that  the  West  had  cause  for  complaint,  and  combatting  the 
conservatism  of  the  extreme  eastern  men,  he  said :  "The 
principle  which  the  gentleman  from  Greene  professes,  that  of 
equal  representation  by  counties,  is  supported  by  no  reason 
whatever — is  upheld  by  nothing  but  existing  usage — stands 
condemned  by  the  people  and  has  had  its  day."  He  showed 
by  calculations  made  by  himself,  the  original  of  which  are 
before  the  writer,  that  by  adopting  fifty  as  the  number  of 
senators,  distributed  upon  the  basis  of  taxable  property,  and 
one  hundred  and  twenty  as  the  number  of  the  House  of  Com- 
mons, distributed  upon  the  basis  of  Federal  population,  the 


16 


East  would  have  a  small  majority  in  the  Senate,  and  the  West 
in  the  House.  He  insisted  that  while  by  this  plan  the  result 
was  satisfactory,  at  the  time,  it  was  also  based  upon  a  correct 
principle.  Said  he:  "Make  it  right,  so  that  it  may  last. 
Make  it  right,  for  the  effect  of  it  will  be  to  obliterate  those 
very  sectional  divisions  which  have  heretofore  prevailed," 
In  conclusion,  deprecating  the  dissensions  which  had  divided 
the  people  and  retarded  progress,  he  said :  Who  but  must  wish 
that  the  disconnected  fragments  of  the  State  may  be  brought 
together  by  those  facilities  of  communication  which  will  make 
her  people  and  act  as  one  people  in  interest  and  affection. 
Much,  very  much,  may  be  done  for  the  improvement  of  the 
State's  physical  condition.  But  there  was  another  point  of 
view  in  which  he  most  earnestly  desired  the  improvement  of 
the  State.  If  the  only  secure  foundation  of  rational  liberty 
be  the  virtue  of  the  people,  the  best  safeguard  of  that  liberty 
is  to  be  found  in  their  intelligence.  This  alone  could  secure 
them  against  the  wicked  acts  of  oligarchs  and  demagogues. 
Not  a  little  had  lately  been  done  in  the  cause  of  education; 
and  he  hailed  with  delight  the  institutions  which  were  spring- 
ing up  in  various  parts  of  the  country  for  the  instruction  of 
youth.  But  no  efficient  plans  had  yet  been  adopted  for  dif- 
fusing information  throughout  the  land,  and  bringing  it  home 
to  the  poor  and  humble.  If  righteousness  exalteth  a  nation, 
moral  and  religious  culture  should  sustain  and  cherish  it.  It 
was  in  vain  to  hope  that  what  ought  to  be  done  for  the  physi- 
cal or  intellectual  and  moral  advancement  of  the  State,  could 
ever  be  accomplished,  without  the  united  efforts  of  the  good 
and  the  wise,  without  liberal  councils,  and  systematic  co- 
operation. Many  an  anxious,  many  a  painful  hour,  had  he 
spent  in  reflecting  on  the  divided  and  distracted  state  of  his 
country.  Earnestly  had  he  wished  that  he  might  live  to  see 
the  day  when,  instead  of  wasting  their  energies  in  sectional 
broils — instead  of  waging-  against  each  other  a  foolish  and 


17 


wicked  contest,  in  which  victory  was  without  glory,  and  de- 
feat without  consolation,  they  could,  like  a  band  of  brothers, 
devote  all  their  aspirations  and  all  their  efforts  to  their  coun- 
try's cause.  He  would  not — he  could  not  abandon  the  hope, 
that  harmony  and  good  will  were  about  to  be  restored.  He 
did  hope  that  under  this  new  order  of  things — under  these 
favorable  auspices,  his  beloved  State  was  about  to  become  all 
that  her  sons  could  wish  her  to  be — that  retaining  the  excel- 
lencies she  now  possessed — her  love  of  liberty  and  order — 
her  steady,  kind,  republican  and  industrious  population — her 
simple  and  unobtrusive  virtues,  there  might  be  added  to  her 
whatever  was  fitted  to  raise,  and  decorate,  and  ennoble  her 
character. 

Mr.  McQueen,  of  Chatham,  followed  in  a  very  able  and 
patriotic  speech,  advocating  the  same  views.  After  an  en- 
thusiastic discussion  he  concluded :  "I  am  impressed  with  the 
belief  that  the  meeting  of  this  convention  holds  out  a  more 
sublime  and  beautiful  spectacle  than  ever  has  been  before  pre- 
sented to  the  moral  or  intellectual  vision  in  North  Carolina. 
And  as  I  firmly  believe  that  it  will  reveal  brighter  and  more 
animating  prospects  than  ever  flushed  Carolinians'  hearts 
with  joy,  my  heart  now  swells  with  rapture  at  the  imperfect 
glimpse  which  I  have  caught  of  the  bright  beams  that  have 
occasionally  darted  upon  the  consultations  we  have  held  for 
the  benefit  of  our  country.  I  think  that  when  this  convention 
surrenders  its  powers  at  the  feet  of  those  who  gave  it,  we  will 
perceive  the  morning  sun  of  a  brighter  day  beaming  in  the 
firmament  of  our  prosperity." 

The  motion  to  strike  out  120  members  was  defeated  by  a 
vote  of  76  to  52.  The  affirmative  vote  came  entirely  from 
the  eastern  counties.  Among  the  eastern  delegates  voting  in 
the  negative  were  Bonner  and  Tayloe,  of  Beaufort,  Arrington 
of  Nash,  Faison  and  Meares  of  Sampson,  Macon  and  Ed- 


18 


wards  of  Warren,  Gaston  and  Spaight  of  Craven,  Holmes 
and  Marsteller  of  New  Hanover,  Kuffin  and  Williams  of 
Franklin,  Toomer  and  McDiarmid  of  Cumberland,  Williams 
and  Joyner  of  Pitt.  The  number  of  representatives  fixed 
upon  at  that  time  has  never  been  changed.  The  center  of 
population  has  moved  far  westward,  and  the  present  indica- 
tions are  that  it  will  continue  to  do  so,  but  happily  the  con- 
flict between  the  sections  is  now  confined  to  friendly  contests 
for  office. 

It  is  an  interesting  problem  for  the  student  of  North  Caro- 
lina to  forecast  the  basis  of  political  power  in  1935.  With 
the  negro  eliminated,  as  a  political  factor,  and  the  industrial 
growth  of  the  Piedmont  and  West,  it  may  safely  be  assumed 
that  a  convention  in  1935  would  present  a  very  different 
line  of  division  from  that  of  1835.  The  number  of  senators 
and  representatives  will  hardly  be  interfered  with  unless,  as 
is  not  probable,  the  present  number  of  counties  is  increased 
to  more  than  one  hundred  and  twenty. 

The  proposed  amendments  providing  for  biennial  sessions 
of  the  General  Assembly,  and  the  election  of  the  Governor  bi- 
ennially by  the  people  alarmed  Mr.  Macon,  and  he  strongly 
opposed  them.  He  said,  ''Democracy  is  dead  in  North  Caro- 
lina" ;  predicted  all  manner  of  tyranny,  and  the  destruction 
of  popular  rights.  He  quoted  Mr.  Jefferson  as  saying,  "Where 
annual  elections  end,  tyranny  begins."  He  offered  as  a  safe 
analogy  the  custom  of  a  good  farmer  who,  he  said,  always 
hired  his  overseer  for  one  year.  Judge  Daniel  quietly  ob- 
served that  he  had  lately  seen  a  gentleman  from  Tennessee, 
where  they  elected  the  governor  by  the  people,  who  told  him 
that  "candidates  were  traveling  through  the  State  on  an 
electioneering  campaign  at  expense  and  trouble  to  them- 
selves and  great  annoyance  to  the  people."  Mr.  Macon  ex- 
pressed the  opinion  that  "this  was  a  talking  government,"  and 
he  apprehended  that  the  proposed  change  would  destroy  this 
safeguard  of  liberty. 


19 


The  convention  did  not  share  the  fears  of  their  venerable 
president,  and  adopted  both  amendments.  Time  has  justified 
their  wisdom.  Certainly  our  liberties  are  in  no  danger  from 
the  change. 

The  convention  next  entered  upon  a  long  and  in  many  re- 
spects an  able  and  interesting  discussion  on  the  proposition  to 
amend  the  32d  Article  of  the  Constitution.  This  Article  pro- 
vided: "That  no  person  who  shall  deny  the  being  of  God,  or 
the  truth  of  the  Protestant  religion,  or  the  Divine  authority 
either  of  the  Old  or  Xew  Testament  *  *  *  shall  be  capa- 
ble of  holding  any  office  of  trust  or  profit  in  the  civil  depart- 
ment of  the  State."  The  only  proposition  seriously  discussed, 
although  several  others  were  considered  and  voted  upon,  was 
whether  the  word  "Protestant"  should  be  stricken  out  and 
the  word  ''Christian"  inserted ;  and  it  is  difficult  at  this  day 
to  understand  how  so  able  a  body  of  men  could  have  spent 
so  much  time  and  taken  so  wide  a  range  of  debate  on  such  a 
simple  proposition.  For  many  years  different  opinions  had 
been  held  in  the  State  whether  the  Article,  as  it  stood,  ex- 
cluded Roman  Catholics  from  holding  office,  but  the  question 
had  never  been  brought  to  a  practical  test.  Judge  Gaston  had 
been  elected  to  the  Legislature  a  number  of  times,  and  two 
years  prior  to  the  meeting  of  the  convention  had  been  elected 
by  a  practically  unanimous  vote  of  the  General  Assembly  a 
justice  of  the  Supreme  Court,  and  commissioned  by  Governor 
Swain,  without  any  question  other  than  the  expression  of  pri- 
vate opinions.  He  was  on  the  bench  at  the  time  of  the  con- 
vention. 

The  debate  indicated  a  wide  range  of  opinion  in  regard  to 
whether  any,  and  if  any,  what  religious  test  should  be  ap- 
plied. The  objections  to  any  change  were  based  upon  a  num- 
ber of  reasons.  Some  thought  that  to  admit  Roman  Catholics 
would  meet  with  much  opposition  from  the  people.  Mr. 
Smith  of  Orange  thought  that  in  some  indefinite  way  he  was 


20 


instructed  ''by  his  constituents  not  to  remove  the  test/'  It  is 
quite  interesting  to  note  how,  by  unanswerable  facts  and  argu- 
ments his  difficulty  was  removed,  but  his  mind  and  conscience 
not  satisfied. 

Mr.  Macon  said  that  so  far  as  he  was  individually  con- 
cerned it  mattered  not  what  provisions  were  incorporated  in 
the  Constitution.  His  time  had  nearly  come.  But  this  arti- 
cle was  the  only  feature  in  the  old  Constitution  which  he  had 
ever  heard  objected  to  outside  of  the  State;  and  the  objection 
was  always  coupled  with  an  expression  of  surprise  that  it 
could  have  got  a  foothold  in  a  State  where  the  principles  of 
liberty  were  so  well  understood.  There  were  times  when  a 
man  must  stake  himself  for  the  good  of  his  country.  The 
present  was  a  crisis  of  this  kind.  To  him  it  appeared  too 
plain  a  question  to  argue  that  every  man  may  worship  God 
according  to  the  dictates  of  his  own  conscience.  But  it  is  a 
practical  denial  of  its  truth  to  debar  a  man  from  office  be 
cause  he  may  entertain  certain  religious  opinions.  You  might 
as  well  attempt  to  bind  the  air  we  breathe,  as  a  man's  con- 
science^— it  is  free — liberty  of  thought  is  his  inalienable  birth- 
right, Referring  to  Judge  Gaston,  Mr.  Macon  said :  "There 
was  one  member  of  this  Convention  whose  father  had  been  in- 
humanly murdered  by  the  Tories  in  our  Revolutionary  strug- 
gle— he  begged  pardon  for  the  allusion,  but  it  was  history — 
and  shall  it  be  said  that  his  son,  baptized,  as  it  were,  in  the 
blood  of  his  father,  is  unworthy  a  seat  in  the  Legislature  of 
our  country  ?" 

As  one  of  the  many  instances  in  which  men  have  used  lan- 
guage, in  making  constitutions  and  laws,  capable  of  many 
different  constructions,  numerous  and  widely  divergent  views 
were  expressed  in  respect  to  the  purpose  and  meaning  of  the 
Constitution.  Some  thought  that  it  was  intended  to  exclude 
Roman  Catholics — some  that  it  had  no  reference  to  persons 
of  that  faith  and  was  not  intended  to  exclude  them,  while 


21 


others  insisted  that  by  reason  of  the  uncertainty  of  its  mean- 
ing it  was  incapable  of  enforcement. 

Judge  Gaston,  the  only  member  of  the  Convention  to  whom 
it  could  be  supposed  the  article  had  any  personal  application, 
discussed  the  subject  in  all  of  its  aspects  in  the  last,  and  \ 
probably  the  greatest  speech  made  by  him  in  any  deliberative 
body.  While  expressing  his  views  strongly,  and  explaining  the 
circumstances  upon  which  he  went  upon  the  bench,  he  said : 
"But  as  an  individual  I  beg  it  to  be  understood,  that  I  am 
utterly  indifferent  as  to  the  determination  of  the  Convention 
and  of  the  people,  except  a  desire  that  the  consitutional  pro- 
vision be  made  explicit.  If  it  be  thought  essential  to  the 
State  that  a  monopoly  of  offices  be  secured  to  certain  favored 
religious  sects,  let  it  be  so  disclosed.  He  who  now  addresses 
you  will  not  feel  a  moment's  pain,  should  such  a  decision  ren- 
der it  his  duty  to  return  to  private  life.  Office  sought  him — 
he  sought  not  office.  An  experience  of  its  cares,  its  labors  and 
its  responsibilities  has  not  tended  to  increase  his  attachment 
to  it." 

Mr.  Smith  said  that  he  wished  this  section  to  be  laid  aside 
as  sleeping  thunder,  to  be  called  up  only  when  necessary  to  de- 
feat some  deep-laid  scheme  of  ambition. 

Mr.  Swain  disliked  to  keep  the  "sleeping  thunder"  of  this 

section,  as  the  gentleman  from  Orange  termed  it,  to  be  used 

in  some  emergency  hereafter.     He  did  not  like  to  leave  it  in 

the  hands  of  men  in  power,  who  might  hereafter  abuse  it  by 

"Dealing  damnation  round  the  land, 
On  all  they  deemed  their  foe." 

After  rejecting  a  number  of  proposed  amendments,  the  , 
Convention,  by  a  vote  of  7-±  to  52,  struck  out  the  word  I 
"Protestant"  and  inserted  the  word  "Christian."  The  nega- 
tive vote  included  a  number  of  delegates  who  were  opposed 
to  retaining  any  religious  test.  Upon  the  final  test  the  Con- 
vention by  a  vote  of  76  to  32  refused  to  strike  out  the  word 
"Christian,"  Gaston  voting  with  the  majority. 


22 


Upon  the  question  of  submitting  the  amendments  to  the 
people,  Mr.  Macon  said  that  he  could  not  give  them  his  ap- 
proval as  he  had  two  decided  objections  to  them — the  one  was 
the  doing  away  with  annual  elections,  which  he  considered  a 
fundamental  principle  of  Republican  liberty ;  the  other  was 
the  change  made  in  the  election  of  Governor.  He  was  sorry 
that  he  could  not  concur  in  approving  the  work  of  a  body  of 
men  from  whom  he  had  received  uniform  kindness  and  atten- 
tion. 

The  vote  on  this  question  stood  81  to  20,  the  latter  being 
generally  from  the  East. 

The  closing  scenes  of  the  Convention  were  peculiarly  in- 
teresting. Judge  Gaston,  Governor  Swain  being  in  the  chair, 
offered  a  resolution  "respectfully  tendering  thanks  to  the  Hon- 
orable Nathaniel  Macon,  their  venerable  President,  for  the 
distinguished  ability,  dignity  and  impartiality  with  which  he 
has  discharged  the  duties  of  his  station."  Mr.  Macon,  after 
returning  his  thanks  for  "all  your  kindness,"  said:  "This  I 
expect  will  be  the  last  scene  of  my  public  life.  We  are  about 
to  separate ;  and  it  is  my  fervent  prayer  that  you  may,  each 
of  you,  reach  home  in  safety,  and  have  a  happy  meeting  with 
your  family  and  friends,  and  that  your  days  may  be  long,  hon- 
orable and  happy.  While  my  life  is  spared,  if  any  of  you 
should  pass  through  the  county  in  which  I  live,  I  shall  be 
glad  to  see  you.5 

"On  the  President's  resuming  his  seat  and  the  applauses 
of  the  Convention  having  ceased,"  according  to  the  Journal, 
"Mr.  Carson,  of  Burke,  arose  and  said  that  he  was  about  to 
leave  old  North  Carolina  to  reside  in  the  far  West,  where  he 
should  be  happy  at  all  times  to  see  any  friend  from  the  old 
State — to  be  a  North  Carolinian,  would  be  sufficient  recom- 

5  Mr.  Macon's  prophecy  was  not  fulfilled.  He  was  an  Elector  on  the 
Van  Buren  ticket  of  1836,  and  presided  over  the  Electoral  College.  He 
died,  June  29,  1837. 


23 


mendation — his  house  and  corn  crib  should  be  at  the  service 
of  his  friends." 

Judge  Gaston,  from  the  Committee  on  Enrollment,  re- 
ported that  the  Amendments  to  the  Constitution  correctly  en- 
rolled on  parchment  had  received  the  signature  of  the  Presi- 
dent and  Secretary.  After  Reverend  Dr.  McPheeters  had 
offered  prayer,  the  President  announced  that  the  business  was 
finished,  and  on  motion  of  Judge  Gaston  the  Convention  stood 
adjourned. 

The  amendments  were  ratified  by  a  vote  of  26,771  for,  and 
21,606  against,  the  majority  being  5,165. 

The  votes  in  the  following  counties  are  of  interest : 


Burke,  for  the  amendments, 

1,359; 

against, 

1 

Buncombe, 

a 

1,322 

a 

22 

Iredell, 

a 

1,184 

a 

18 

Lincoln, 

a 

1,887 

a 

42 

Rutherfordton, 

a 

1,557 

a 

8 

Rowan, 

a 

1,570 

a 

18 

Wilkes, 

a 

1,757 

a 

8 

Edgecombe, 

a 

29 

a 

1,334 

Brunswick, 

" 

0 

a 

466 

Tyrrell, 

a 

1 

a 

459 

Washington, 

a 

14 

a 

409 

Martin, 

a 

14 

a 

795 

Hyde, 

a 

2 

a 

431 

Warren, 

a 

46 

a 

580 

Craven, 

u 

131 

a 

270 

Wake, 

a 

243 

a 

1,124 

This  is  a  fair  average  of  the  vote  of  the  eastern  and  west- 
ern counties.  They  are  interesting  figures,  and  shed  much 
light  on  the  history  of  North  Carolina.  They  also  show  that 
the  Convention  was  called  none  too  soon.  The  question  which 
called  the  Convention  into  existence  was  that  upon  which  the 


24 


line  of  division  in  the  vote  upon  the  amendments  was  formed, 
representation  in  the  House  of  Commons  based  upon  popula- 
tion. The  other  questions  were  of  but  little  importance  in 
the  opinion  of  the  people.  Notwithstanding  the  apprehension 
of  Mr.  Smith  in  regard  to  the  "instruction"  given  him,  the 
county  of  Orange  ratified  all  of  the  amendments  by  a  vote  of 
1,131  to  246. 

The  limitations  necessarily  imposed  upon  the  length  of  this 
paper  render  it  impossible  to  refer  to  many  interesting  dis- 
cussions in  the  Convention  which  exhibit  a  very  high  order 
of  learning,  eloquence  and  patriotism  on  the  part  of  the  dele- 
gates. They  are  worthy  of  and  will  repay  study  by  any  per- 
son interested  in  our  history. 


